The federal judge Julián Ercolini sent to public and public trial to the businessmen Cristobal López and Fabián De Sousa , as well as to the exile of the AFIP Ricardo Echegaray for the non-payment of 8,000 million pesos in taxes to the national State by the firm Oil Combustibles.
The judge closed the investigation and sent the file to an oral court to try the two businessmen involved, who are under preventive detention, and the former head of the AFIP during the presidency of Cristina Kirchner.
The magistrate thus made the request for trial made by the federal prosecutor Gerardo Pollicita and the complaint of the AFIP.
Lopez and De Sousa returned to prison on April 27 after spending six weeks in freedom, following a ruling by the Federal Chamber of Criminal Cassation that ratified the preventive prisons, considering the risk of flight and possible obstruction of the investigation.
The accusation is based on the lack of payment of the Tax on the Transfer of Fuels (ITC) of the firm Oil Combustibles: according to the accusation, López and De Sousa were systematically and constantly engaged in "carrying out spurious business with the objective of appropriating public funds "that they used to finance and expand their business conglomerate.
Of the Fifty five months investigated, the owners of the Indalo Group only paid the flamable tax for 7 months and thus generated a debt of about eight billion pesos, which some now fix at more than 20 billion considering their upgrade.
Oil Combustibles was a "corporate structure for fraud", since it first generated an "illegitimate accumulation of debt" of the flammable tax and then benefited from the "irregular granting of payment facility plans" by the AFIP, indicated Pollicita.
Echegaray, meanwhile, is accused of the lack of Aid Watch over the entrepreneurs by virtue of having been the head of the collection agency at the time: "Deliberately did not demand Oil to pay the tax," the prosecution said.
Both Lopez and De Sousa had been arrested at the end of last year by order of Ercolini but then regained their freedom in the hands of the Federal Chamber, with the signature of Eduardo Farah and Jorge Ballestero, who were at the center of the controversy.
Farah was removed from the Court and transferred to another jurisdiction, while Ballestero finally signed the resignation and took refuge in retirement: on both weighed a request for impeachment before the Council of the Judiciary for alleged poor performance and illicit enrichment.
The businessmen after being released were again imprisoned at the end of April by a ruling of the Federal Chamber of Criminal Cassation, the highest court in that jurisdiction, which determined that there were risks of hindering the investigation, since they would have wanted to part with their assets in the middle of an inhibition decreed by Justice.